Commonwealth v. Christopher Cody Smith; Over 18-Year Sentence for Shooting Friend, Shooting at Police

Wednesday, April 26, 2017

Colin D. Stolle, Commonwealth's Attorney for the city of Virginia Beach, announced that Christopher Cody Smith, 25 years old, formerly of the 1900 block of King Henry Court in Virginia Beach, Virginia, was sentenced today by Circuit Court Judge Stephen C. Mahan for Attempted Capital Murder of a Law Enforcement Officer (2 counts), Aggravated Malicious Wounding, and Use of a Firearm (3 counts).  Judge Mahan sentenced Smith to 73 years in prison all suspended except 18 years and 4 months to serve. This sentence was at the high-end of the Virginia State Sentencing Guidelines recommendation.

Smith pled guilty on July 20, 2016.  Had this matter gone to trial, the Commonwealth's evidence would have proven that on the evening of May 1, 2015, Smith went to a bar and got intoxicated.  Smith's friend went to pick him up and bring him home. Back at Smith's apartment, an argument broke out between Smith and the mother of his child.  Smith's friend tried to intervene in an attempt to protect the woman, and Smith shot him twice.  Police responded to the apartment and discovered Smith's friend outside suffering from severe injury to his abdomen and back.  The friend identified Smith as the shooter and told police that Smith was still inside the apartment. 

Police were able to safely remove the woman and child from the home. Responding officers took cover behind parked vehicles, a short distance from the front door to Smith's apartment.  Other officers arrived on scene and also took cover.  Through his apartment window, Smith began to fire rounds at the officers.  At one point, Smith came outside into the breezeway door of his building and was confronted by two officers, who identified themselves as police. Smith went back into his apartment, turned off the lights, opened the door, and again fired at the officers.  He struck several vehicles that the officers were seeking cover behind, barely missing the officers.

The officers in the front and rear of the building exchanged gunfire with Smith for several minutes.  Eventually Smith jumped out a window and fled on foot.  When he was taken into custody, he dropped a handgun on the ground. He also had two semi-automatic handguns on him.  He admitted to shooting at the officers and stated that he wished he had hit them. He also admitted to the shooting of his friend, which caused police to respond to his apartment initially. 

Smith has prior convictions for Assault (3 counts), Underage Possession of Alcohol (5 counts), Assault and Battery of a Family Member, Public Intoxication (2 counts), Abusive Language to Another, Petit Larceny, False ID to Police, and Driving without a License. ​

Deputy Commonwealth's Attorneys Vivian F. Henderson and David W. Laird prosecuted this case. Please contact Macie Allen if additional information is desired.